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High Court of Tanzania

This is the second level in the Judiciary justice delivery hierarchy. It has both appellate and original powers on civil and criminal matters. It also hears appeals from the Courts of Resident Magistrate, the District Courts, and the District Land and Housing Tribunals in exercise of their original, appellate and/or revisional jurisdiction. The High Court is divided into Zones and specialized Divisions. 

Physical address
24 Kivukoni Road, P O Box: S.L.P. 9004
Visit website
https://jmap.judiciary.go.tz/jmap/jmap-hc
2 judgments
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2 judgments
Citation
Judgment date
April 2014
Shida s/o Haule vs Republic ((DC) Criminal Appeal No. 7 of 2014) [2014] TZHC 2585 (28 April 2014)
Conviction quashed where prosecution failed to prove the applicant committed cattle theft beyond reasonable doubt.
Criminal law – Cattle theft – burden of proof beyond reasonable doubt; need for independent corroboration of prosecution witnesses; prisoner custody and potential vicarious responsibility of custodial officers; requirement for evidence of possession or actus reus linking accused to stolen property.
 28 April 2014
Gudluck Onesmo Chaula vs Republic ((DC) Criminal Appeal No. 71 of 2013) [2014] TZHC 2370 (17 April 2014)
The appellant's cautioned statement was wrongly admitted; conviction upheld on identification and recent possession; sentence reduced.
Criminal law – Admissibility of cautioned statement – obligation to hold trial within a trial upon objection to voluntariness; expunction where procedure not followed. Evidence – Identification – favourable conditions, prolonged close contact and corroboration by independent witness. Evidence – Recent possession doctrine – possession shortly after theft supports inference of guilt. Procedure – No absolute need to call informer or produce search warrant where accused is found in possession of stolen property. Sentencing – Magistrate’s sentencing limits under s.170 Criminal Procedure Act; High Court revisional powers to quash illegal sentence and substitute lawful term.
 17 April 2014